REVENGE PORN AND TEEN SEXTING (H 4241 and S 2703)

By Bob Katzen

The House 151-0, Senate 40-0, approved different versions of a bill that would prohibit the posting of sexually explicit images of another person online without their permission— commonly referred to as “revenge porn.” The practice is often used by ex-spouses or ex-partners.

Massachusetts is one of only two states that does not have a law about this crime. The measure makes it illegal to do so and establishes a sentence of up to 2.5 years in prison and/or a fine of up to $10,000; increases the upper limit of the fine for criminal harassment from $1,000 to $5,000; and allows a victim to petition the court for a harassment prevention order against a person who has violated this statute.

Another provision changes current law under which minors, under 18 years of age, who share explicit images of themselves or other minors, can be charged with violating Massachusetts child pornography laws and are required to register with the Sex Offender Registry. The bill allows minors to be diverted to an educational program that would provide them with information about the consequences of posting or transmitting indecent visual depictions of minors.

This bill has not yet been sent to a conference committee because the Senate has not yet appointed its members of a conference committee.

(A “Yes” vote is for the bill.)

Rep. Christine Barber Yes Rep. Mike Connolly Yes Rep. Paul Donato Yes Rep. Erika Uyterhoeven Yes Sen. Patricia Jehlen Yes

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